Part 6Penalties
Penalties
48Penalties
1
A person guilty of an offence mentioned in the first column of schedule 2 is liable—
a
on summary conviction, to the penalty mentioned in the third column,
b
on conviction on indictment, to the penalty mentioned in the fourth column.
2
Where an individual is convicted on indictment of rape, sexual assault by penetration, rape of a young child or sexual assault on a young child by penetration, a penalty of imprisonment without a fine may be imposed, but not a penalty of a fine alone; and the power of the court in section 199(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (to substitute a fine for imprisonment) is not available.
3
Where—
a
a body corporate,
b
a Scottish partnership, or
c
an unincorporated association other than a Scottish partnership,
is convicted on indictment of an offence specified in subsection (2), a penalty of a fine alone may be imposed.